Legal question regarding gun rights,  

Kinja'd!!! by "AestheticsInMotion" (aestheticsinmotion)
Published 06/11/2017 at 01:50

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STARS: 9


Kinja'd!!!

And the story of how a cop threatened to shoot me in the face.

Question first. How do I get my gun rights back? Long story short, when I was 15 I had a run in with the law that resulted in me being legally unable to own (and maybe fire..?) a gun. I was told I could get this taken care of as soon as I turned 18—but it was never a priority—and now that I’m interested in firearms I have no idea how to fix this. Halp

The full story for those that are interested, settle in Oppo.

So, the summer after 9th grade, before my first real year of high school—my district had junior high, not middle school—two friends and I decided to climb onto the roof of an elementary school. Why? Because we were bored out of our minds. I vividly recall sitting in the deli section of a 24/7 grocery store, drinking sparkling apple cider, eating baguettes and spitballing ideas back and forth, trying to come up with something to end the monotony that had been the first week of summer break.

Despite my almost perfect memory of that scene, I couldn’t say who first came up with the idea. But it stuck. Climb up to the roof of a local school. This may not sound like “summit Everest” levels of excitement, but to us, that’s EXACTLY what it was. A grueling physical challenge, as the building was four stories tall, a modern design with a multitude of building materials and an odd layout. A mental challenge in the sense that picking the correct path would be crucial, and lastly a sense of danger—of risk—that nearly all boys of that age seem to crave, whether they realize it or not.

Whoever had the original idea is irrelevant. The three of us were on board 100%.

The next night, we met up at the same grocery store, just before midnight. On bike, scooter and my modded skateboard with longboard wheels—Oppo from the beginning—we cruised the half mile to the school. Despite the forecasted rain, we decided to try scaling the building. And scale it we did. Twas truly an epic adventure from ground to peak, but—and truly I am sorry—one that isn’t meant to be shared. There are a rare few special memories that are better left as that, memories. By the time we reached the top, we had all saved the other’s lives and were as such bonded in a way that few can comprehend.

So, we reached the tallest roof, and in doing so found a new past-time to give our summer meaning. From that night on, every couple of days we would try our hand climbing another school, thinking of ourselves as daring adventures straight out of the movies.

A month goes by, and we step it up a notch. We’re making custom equipment now. Grappling hook fashioned out of a guitar stand, paracord, and a roll of duct tape? Sticky gloves literally made by sewing sandpaper to the fingers and palms? All that and more.

We continued to meet at the 24/7 grocery store, but now we were dressed in all black, with backpacks full of gear and young minds full of bulletproof confidence. It’s a wonder none of the employees said danything to us, or the cops, during that summer. “Up to no good” couldn’t have been more clear if it was tattooed across our foreheads in florescent ink.

One night, we decided to go back to where it all started. The original school. It was a bit later this time, nearly two in the morning as we approached the building. One of the house down the street still had lights on, so we were more careful than ever about making noise. Stashing our wheels in the bushes, we came up to the east side, where no street lamps cast their revealing light. As was usual, I devised the climbing route, and brought out the necessary gear.

The oldest of us—by a few months—went first. He was lanky, strong, and somewhat brash, tending to rush things. Following behind him was my other friend. Shorter, skinny, without a lot of upper body strength, we’d occasionally have to help pull him up. What he lacked in strength he made up for in maneuverability, which was very important when crawling through tiny openings between pillars and abstract structural designs. Bringing up the rear, I put all of my bouldering practice to good use. If we got to a tricky spot, I’d take the lead, and help the others up.

Exactly twenty minutes went by before we reached the top, however these must have been metric minutes, because it felt like hours. Opening up our bags, we brought out doritos, salsa, candy—and yes—sparkling Apple cider and three fresh baguettes. We feasted like kings, enjoying every moment of that summer night.

Ready to leave, we went down a slightly different path. Halfway down I realized we’d made a mistake. There would be no going down this way, so back up we went. Lo and behold, in a spot all but invisible in the darkness, was a little hatch. We investigated, of course. Locked, but that didn’t stop us. Working together, all three of us managed to pull hard enough to break the dinky little masterlock... And that was it. We were inside the building. Suddenly, an entirely new area opened up to us. We’d reached a new map, and were determined to not waste the opportunity.

3:45 am, we stepped foot into the attic of a pitch black elementary school. For reasons truly unfathomable, we split up. The older friend on his own, the younger friend with me. Walkie talkies kept us in constant contact at first, but as the darkness pressed in around us, we felt more and more like the beeping of our electronics was an intrusion—an unwanted presence—that could awaken the sleeping beasts within. Attention we did not want.

Realize, that after so long in pitch black, with nothing but a dying phone to provide inadequate illumination, we were starting to rethink this idea. With a *BEEP* that nearly caused my heart to burst, my older friend told us to come quick, that he had found something wonderful.

We ran. The darkness was closing in, and neither of us wanted anything to do with with this place. The sooner we could meet up, the sooner we could be back in our own beds, safe at home.

Through seemingly endless hallways, a light in the distance slowly formed. We ran towards it, faster than ever. Jackpot! The teacher’s lounge! My friend was already there, sprawled over a big old armchair, waving us towards the vending machine in the corner. The adrenaline from the past hour suddenly fading, we both took out a few bills and purchased some snacks. I remember grabbing the bag of Sunchips that fell to the bott of the machine. The laughter as my friend’s box of Whoppers got stuck against the glass. With the soft illumination of the vending machine, the tension that had built u in all of us started to fade.

That’s when we saw the other lights.

Red lights. Blue lights.

We looked back and forth at each other, eyes wide, mouths open. No words. I can’t say what was going through their minds, but for me, that was when shit got real. We rushed in the nearest hallway, peeking out the windows of the classrooms on either side. Lights. Every window was lit up by the alternating blue and red. We were on the second floor, and after a brief argument ran out of the stairs, determined to get to the top, hop on the roof, and either slip away or wait them out.

We made it to the fourth floor, when we heard the dogs. Plural. This was no longer the slight, pervasive fear of exploring the dark, this had transformed into terror. Terror of suddenly realizing that your actions have consequences. That you have one life, and need to make it count. This was being grabbed by the collar and ripped out of childhood all in one go—no one to hold your hand and guide you—and it was utterly terrifying.

We rushed through the hatch onto the roof, and looked around. After eighteen, I stopped counting squad cars. The dogs sounded different. It took me a minute to realize why. They were inside.

There was zero chance of getting away at this point. If we’d gone to the ground floor as soon as we saw the lights and tried to make a brake for it, we may have been able to escape. But we might have gotten a bullet in our backs.

So we stayed on the roof. We sat down, hands in the air, and faced the hatch. There was no talking. Just waiting. More waiting.

The hatch opened. Three dogs came flying out, stopping just shy of us. Officers rushed out, guns trained, and radioed those below.

Most of the next hour was a blur, but there are two things I’ll remember to the day I die. One, the first words spoken to us, by a man who was probably the age I am now. “Hands in the air. I have no problem shooting a kid in the face”.

Two. Hours later, as we were led into the back of a van in cuffs, an older officer approaches us. He had the look of someone who’s been through more shit than the average man could even imagine, yet still somehow remained a genuine, caring human being. “We’ve all been there, son. Every one of us has done some dumb things in our past. You’ll get through this”.

Fingerprinted, booked in jail for two nights, we spilled everything. At 15, none of us knew how the legal system worked. We didn’t understand that you should never sayanything to a officer without a lawyer present. We just wanted to go home. We wanted a life that didn’t involve cell bars. We thought cooperating to the fullest was the way to do that.

I’m including photos of the three of us from that summer, so you can see what hardened criminals look like, and put faces to the characters above.

Kinja'd!!!

Kinja'd!!!

Kinja'd!!!

So, that’s my story Oppo. We eventually got released to our parents, and after a few court appearances, got away with 6 months probation, very minor fines, and gun rights taken away until our 18th birthday, where we would have the right to get them back.

Later found out that a neighbor to the school called the cops, claiming terrorists were in the building with explosives, which explains the manpower sent our way. 21 squad cars, police dogs, bomb squad, and 4 vans.

We got off great, but believe me when I say we were all afraid our lives were over for a good period of time. We were charged with trespassing, trespassing at night (yes, separate charge), breaking and entering, unlawful entry, vandalism, burglary, and one other charge that I never could remember. Felony charges, about half of them. There was a differed disposition, which I don’t fully understand, but I believe it means we pleaded guilty, and the courts sealed the records so they wouldn’t be visible to employers, schools, police, etc. After a certain amount of time. Something about being Minors, and it being a first offense.

And that’s where I am today. In all honesty, that arrest was probably for the better. For the next year, while on probation, I was convinced that I could be hauled off to jail at any moment. So I studied my ass off, and went from a smart, but incredibly lazy student with C’s, to 4.0 honor roll overachiever.

Slowly the fear of not knowing what would happen wore off, but the experience certainly left an imprint on me, even to this day. But back to the main point of this post, which—much like all of my posts—ended up 10x the length of what I was planning.

How do I get my gun rights back? I assume I can’t just make a call, because let’s face it, dealing with the government is never that easy. I have no idea where any of the documents from the case are—AestheticsInMotion vs. The State of Washington—as I moved out and severed ties with much of my family immediately after graduating from high school. Online, I’ve found tons of info, but I seems to vary from state to state, case to case. Some people say you need a lawyer to take care of everything, others say you just show up and tell the judge what a great person you’ve become since your run in with the law.

So, if you have any info, help me out!


Replies (29)

Kinja'd!!! "Wuelling" (wuelling)
06/11/2017 at 02:01, STARS: 1

It really does depend on your state. I’m assuming you were charged with a felony but that should be ex-sponged when you turned 18. In Illinois we actually have to get a FOID card before we can buy, they do a background check at that time and still every time we buy one.

Edit: a good source is your state police website or Secretary of State

Kinja'd!!! "TheHondaBro" (wwaveform)
06/11/2017 at 02:05, STARS: 1

Rapscallion.

Kinja'd!!! "AestheticsInMotion" (aestheticsinmotion)
06/11/2017 at 02:06, STARS: 0

Yeah, that’s the term I was forgetting. I’m certainly not the most knowledgeable on the subject, but I think a background check is the only thing needed in Washington.

Kinja'd!!! "AestheticsInMotion" (aestheticsinmotion)
06/11/2017 at 02:07, STARS: 1

I took that photo of the Kirkland Patrol car while behind the wheel. #livedangerously

Kinja'd!!! "I have another burner, try to guess it!" (ihaveanotherburner)
06/11/2017 at 02:08, STARS: 1

Shit, I have a very similar story except we managed to evade the cops (Although only 3, not 18 lol)

Kind of like y’all we started a habit of breaking into abandoned buildings and making off with “souviners.” Anyway, one day we were on top of a tower at an abandoned oil refinery when I saw 3 cars coming down the road, extremely unusual for that time and place.

Long story short, we were about 200 yards from the entrance (only one we knew of) and had to low crawl through the grass and wait till they were looking somewhere else to cross the roads and move between buildings.

It definitely one of the most exciting times in my life, like Splinter Cell in real life.

There’s even more about another place, but that’s more of a saga than just a story lol.

Kinja'd!!! "traitor joe" (traitorjoe)
06/11/2017 at 02:15, STARS: 2

Great story! I enjoyed reading it. Can’t help with the gun stuff though :P

Kinja'd!!! "AestheticsInMotion" (aestheticsinmotion)
06/11/2017 at 02:20, STARS: 0

Glad you enjoyed it! I did too! The writing I mean... Not so much the arrest

Kinja'd!!! "Steve in Manhattan" (blogenfreude01)
06/11/2017 at 02:21, STARS: 0

Probably involves petitioning a lower court ... do some googling. Again, depends on the state’s laws.

Kinja'd!!! "AestheticsInMotion" (aestheticsinmotion)
06/11/2017 at 02:23, STARS: 1

We evaded security quite a few times prior to getting caught, and may or may not have been involved in a 3 way free for all with fire extinguishers...

Splinter cell. That’s exactly it. Well... If the saga ever needs to be shared, oppo is a good place for it! (unless you stole a Miata in which case get out)

Kinja'd!!! "RPM esq." (rpm3)
06/11/2017 at 02:24, STARS: 4

If this record actually prohibits you from possessing a firearm it must be due to a felony conviction, but you were a juvenile and if you’ve been clean since then you can probably get your conviction expunged. You might be able to achieve this pro se (that is, without a lawyer) but it would be a lot easier and less stressful to just pay a lawyer familiar with the criminal laws and procedures of Washington to (a) verify what your record actually is and advise you what your rights actually are, since you don’t know, and (b) get your juvenile record expunged. If you’ve been clean ever since, that should not be very difficult.

This is not legal advice, I am not your lawyer, and it is not attorney advertising. Talk to a lawyer who knows about criminal law. There are many of them.

Kinja'd!!! "DipodomysDeserti" (dipodomysdeserti)
06/11/2017 at 02:26, STARS: 1

I’m not sure how WA works, but in AZ they just call the state police and see if your name gets flagged. If it doesn’t then you’re gtg.

But holy shit, fuck that neighbor and that cop. Somebody watched Toy Soldiers one too many times.

Kinja'd!!! "I have another burner, try to guess it!" (ihaveanotherburner)
06/11/2017 at 02:28, STARS: 1

Lol I might. I actually haven’t shared the story with anyone, just reminisced with the people who were there. It’s good, involves PIs, controlled substances, the paranormal, and some goofy pranks.

Although in our defense some of our “profits” did go to charity lol.

Kinja'd!!! "AestheticsInMotion" (aestheticsinmotion)
06/11/2017 at 02:38, STARS: 0

I suppose at the very least it couldn’t hurt to go to a sporting goods store, have them run a background check and see what comes up.

Yeah, pretty aggressive. For what it’s worth, despite the terrible reputation the Seattle PD had gotten the last few years, I’ve had some great interactions with them. One guy showed me how to hold a shotgun while he was on duty, another schooled me on military plane identification... Good and bad in every bunch I guess

Kinja'd!!! "this is not matt farah's foxbodymiata" (fantastic-mr-foxbody)
06/11/2017 at 06:31, STARS: 2

Crazy story with an excellent climactic ending haha, and funny because I went through a very similar phase like freshman year.

Friends and I figured out how to get into the network of utility tunnels under the school, and would sneak off to do some urban spelunking during lunch and whatever free periods we had. One time we even went during a dance! Yeah. I was cool as fuck. No I guess I didn’t have a date, how did you know?

Anyway. They were pitch black, narrow, and stifling hot with maybe 4 foot ceilings at best, full of crusty old pipe work, cables and ducting for the hvac. It felt straight out of an action movie, crouching around with a flashlight and trying to map out which part of the building we were under, peeking out of manholes. Oh and to make it even more dramatic some of the pipes had slow leaks so there were parts that were ankle to knee deep in stinky water. Also, there was probably almost definetly asbestos.

The school wasn’t all in use, and we ended up adopting the old gym’s out of use locker room as a clubhouse, which was locked from the outside but accessible via manhole from the tunnel. We’d like stash coveralls and exploring gear there and definetly thought we were spies. Of course, we weren’t really trespassing since it was our school and we were supposed to be there, and the only breaking and entering we did was taking a bolt cutter to some old lockers to see what had been left behind when the gym was last used like ten years before. So there’s no cops or anything badass at the end of my story. It was a great time though.

Kinja'd!!! "Scott" (merl3noir)
06/11/2017 at 07:01, STARS: 1

If you still live near the court where this occurred, you could likely just go by the court house and ask the nice ladies there if they can verify that this has been removed. Also as others have suggested send a letter to your State Attorney Generals Office asking for clarification. As it is a part of your juvenile record it should automatically be closed once you turned 18, you should not have to take any action to clear it. That said, Governments often make mistakes, and those mistakes can be costly pains in the butt, so the more proof you have that your clear the better. Also make sure you have, and you hold onto, anything the court gave you at the time of sentencing. I just went through the process of getting approved to adopt kids and had to get documents from an arrest I had many, many years ago. I found the arrest documents, but the sentencing documents I never did find, and the records I got from the state, while good enough, did not match exactly what I had from the time of sentencing. In the case of adoption, they go back 28 years and look at everything, I was a teen 28 years ago. Which, those records never really go away, they get sealed, but the right person with the right means can look at them.

If you were charged with a felony, you’ll probably have an FBI file. The instant background checks just look to see if you have an FBI file, and if the FBI has said you are not allowed to buy a gun. Not sure how it works as a juvenile, but generally if you where ever charged with a felony, regardless of sentencing, you have an FBI file. At that point you can expect your instant background check to come back wait. Basically while someone goes in and looks at your file manually. After they have done that, which may be a few hours, or a couple days, you’ll get approved or declined. Of course states can add their own checks, but most states out west do not. And of course once you leave that state it is mostly irrelevant.

Kinja'd!!! "Scott" (merl3noir)
06/11/2017 at 07:13, STARS: 1

You could, and it should not be an issue, but theoretically it could be an issue. I ’ ll stress this is an unlikely scenario, but! If the state has not done its job, and sealing Juvenile records is considered a big one, but it does happen, you could be charged with another crime. It is illegal for someone that is not allowed to buy a gun, to attempt to buy a gun. From what you say, you are by all definition, legal, but if it came back declined it could, although unlikely, result in another arrest. You should be able to easily get off that one, but it is a pain in the butt going through the process. It is extremely unlikely this would happen. It ’ s pretty much an unenforced law, and you should be completely legal. A quick call to the court that convicted you could avoid an unlikely headache, but a big head ache if that very unlikely situation played out.

Kinja'd!!! "Funktheduck" (funktheduck)
06/11/2017 at 08:08, STARS: 1

I’d contact a lawyer. Many will answer the question of what you need to do for free. I’d ask a couple different ones if the first person says you definitely need a lawyer and to use them. Might just be digging up work for themselves. You could also call a police station or courthouse but the quality of service will vary. In the past when I’ve called asking stuff I’ve always gotten “I cannot give legal advice, I can only tell you what the law states”

I would not take the approach of trying to buy a gun and see what happens. I’m not sure if it passed but Washington (I think, or it was Oregon) was in talks of passing a law that made it a requirement for a gun seller to report anyone to the police who tried to buy a gun but failed a background check. This is despite the fact that something like 90% of people who appeal their denial have it overturned because the background check made an error and the person was able to legally own a firearm. Since that mistake can go one way, surely it can go another. Let’s say you buy the gun and are cleared. Later on you have an interaction with an officer and they find you can’t legally own a gun but do. Then you have a new firearm felony charge. You may be able to convince them that since you bought it legally you thought it was ok but they’ll likely say you should’ve known better since you have previous felony charges and shouldn’t have tried to be gin with or something along those lines.

Kinja'd!!! "vondon302" (vondon302)
06/11/2017 at 09:00, STARS: 2

Damn I’m so glad I grew up in the 80s. We were making pipe bombs at that age.

Good read!

Kinja'd!!! "jkm7680" (jkm7680)
06/11/2017 at 09:18, STARS: 1

Look into record sealing. I don’t deal with that side of law much, but I believe juvenile charges can be removed.

As you definitely know, what you did was stupid as fuck. But that was a long time ago.

Kinja'd!!! "DipodomysDeserti" (dipodomysdeserti)
06/11/2017 at 10:43, STARS: 0

I was given a free kydex holster by a King County Sheriff deputy once. He then went to jail for running a drug ring, stealing equipment amd pimping out his wife. Oops.

http://archive.seattleweekly.com/home/958323-131/the-drug-dealer-pimp-and-thief

Kinja'd!!! "crowmolly" (crowmolly)
06/11/2017 at 10:44, STARS: 0

I did a quick Google, esq. search and it looks like there’s no shortage of lawyers and info to help. I think the fact that you were a kid will be strongly in your favor.

Kinja'd!!! "Viggen" (viggen37)
06/11/2017 at 10:53, STARS: 2

The other issue with calling your local police station is that you may end up only getting your local firearms officer’s interpretation of the law, if your state has horrible, poorly written firearms laws like mine.

Kinja'd!!! "Funktheduck" (funktheduck)
06/11/2017 at 12:20, STARS: 0

Oh. That made me think of personal politics. If the person on the other end does or does not like guns would greatly affect their willingness to help.

Kinja'd!!! "AestheticsInMotion" (aestheticsinmotion)
06/11/2017 at 12:22, STARS: 1

Oh man, that brings back memories. My last year in junior high, myself and three other discovered the school attic. Pretty crazy, it literally covered the entire school with corridors, storage and strange rooms whose purpose we couldn’t determine. We had film class last period so we ended up exploring and making a documentary! On the rare instances we were caught, it was “hey, it’s okay, we’re making a movie exploring the school’s secrets!”. Eventually we went through the attic, out onto the roof and setup camp chairs, music and food. That was the hangout spot for the year.

Pretty crazy that no one at the school seemed to be aware of the giant attic overhead. There were access points for tunnels/cellers below the school, but we never made it in like you....

Kinja'd!!! "AestheticsInMotion" (aestheticsinmotion)
06/11/2017 at 12:27, STARS: 1

I’ve heard the stories from my parents generation! Makes you wonder how much freedom to do dumb things will be left in a few decades.

I’ve put together a fair number of sparkler bombs on 4th of July... Now that I think about it that could definitely get me in some deep shit with the law...

Kinja'd!!! "GRS1" (grs1)
06/11/2017 at 12:54, STARS: 0

Your local bar association should have a referral line that can refer you to an appropriate lawyer. They will likely give you a free consultation and be able to tell you your options far better than we or a google search can.

Kinja'd!!! "Viggen" (viggen37)
06/11/2017 at 15:00, STARS: 1

My town has a pro-2A officer in that position so it helped me greatly.

Kinja'd!!! "CaptDale - is secretly British" (captdale)
06/12/2017 at 18:44, STARS: 0

Honestly I would just ask an officer if you know one well.

Just a few interesting pages I found 1 2 3

That is a very great write up. I had a similar experience in high school and thankfully no one pressed charges, but I had to change schools. Definitely was a good thing in my life towards working harder and such.

Kinja'd!!! "Nauraushaun" (nauraushaun12)
06/13/2017 at 10:17, STARS: 0

I did that once. A few cars turned up. No dogs. Got taken to the police station, our parents called, eventually got let home.